The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc., that regulations issued by the Department of Health and Human Services (HHS) were unlawful because they mandated contraception devices that could prevent an already fertilized egg from developing any further, in violation of The Religious Freedom Restoration Act (RFRA). The RFRA prohibits “Government [from] substantially burden[ing] a person’s exercise of religion even if the burden results from a rule of general applicability” unless the Government “demonstrates that application of the burden to the person—(1) is in furtherance of a compelling government interest; and (2) is the least restrictive means of furthering that compelling government interest.” The statute that the regulations were issued under was a PPACA (Obamacare) statute that requires specified employers’ group health plans to furnish “preventive care and screenings.” In my opinion, the ruling is a victory for all Americans and the U.S. Constitution, as the regulations went beyond covering preventive care and screenings.
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Jul 2014
Hobby Lobby Wins One for Ordinary English Statute Interpretation Rule
July 29, 2014 By